by Andria PapageorgiouCySEC Circular C655: Findings of the assessment of Compliance Officers’ Annual Reports and Internal Audit Reports on the prevention of money laundering and terrorist financing, for the year 2022
The Cyprus Securities and Exchange Commission (CySEC) has published Circular No. C655, summarizing the findings from its 2023 assessment of Compliance Officers’ Annual Reports and Internal Audit Reports submitted by various regulated entities for the year 2022. The report underscores critical areas of non-compliance and provides detailed recommendations for improvement.
A. Targeted Entities
The circular addresses the following regulated entities:
- Crypto Asset Service Providers (CASPs)
- Cyprus Investment Firms (CIFs)
- Administrative Service Providers (ASPs)
- UCITS Management Companies (UCITS MC)
- Self-Managed UCITS (SM UCITS)
- Alternative Investment Fund Managers (AIFMs)
- Self-Managed Alternative Investment Funds (SM AIFs)
- Self-Managed Alternative Investment Funds with Limited Number of Persons (SM AIFLNP)
- Companies managing AIFLNPs
- Small Alternative Investment Fund Managers (Small AIFMs)
B. Scope of the Assessment
The assessment aimed to evaluate compliance with the Prevention and Suppression of Money Laundering and Terrorist Financing Law of 2007, and the CySEC Directive for the Prevention of Money Laundering and Terrorist Financing. The evaluation included the review of Compliance Officers’ Annual Reports and Internal Audit Reports submitted in 2023, reflecting the activities of the previous year.
C. Key Findings
CySEC identified several common weaknesses and deficiencies across the reports:
- Lack of Detailed Analysis: Many reports lacked sufficient analysis of the inspection methods used by Compliance Officers. Reports often provided results without explaining the methodologies, sample sizes, and the specifics of the inspections and reviews conducted.
- General Overviews: Some reports offered only general overviews rather than detailed descriptions of identified deficiencies, their seriousness, risk implications, and recommended corrective actions.
- Inadequate Customer Monitoring: Reports frequently did not provide adequate details on ongoing monitoring systems for customer accounts, including methods used and variations in monitoring based on customer risk categories.
- Insufficient Organizational Structure Information: The organizational structure and duties of the Compliance Officer’s department were often not sufficiently detailed.
- Incomplete Training Program Information: Information on recommended training programs for the upcoming year was frequently inadequate.
- Late Submissions: There were late submissions of Compliance Officers’ Annual Reports, Internal Audit Reports, and relevant Board of Directors (BoD) minutes.
D. Recommendations
CySEC has outlined several recommendations to address these deficiencies:
- Enhance Report Preparation: Ensure detailed and methodologically sound preparation of both Compliance Officers’ Annual Reports and Internal Audit Reports, including a thorough analysis of inspection methods and results.
- Improve Monitoring Systems: Establish robust systems for ongoing monitoring of customer accounts and transactions, providing detailed documentation of methods and findings.
- Detail Organizational Structure and Training: Include comprehensive information on the Compliance Department’s structure and staff duties, and clearly outline training programs for the next year.
- Adhere to Submission Deadlines: Comply with the specified timeframes for submitting reports and BoD minutes.
E. CySEC’s Expectations
CySEC expects all regulated entities to consider these findings and recommendations seriously when preparing their reports for 2023 and beyond. The Commission has emphasized that recurring weaknesses will be subject to rigorous compliance checks, and strict administrative sanctions may be imposed for non-compliance with the Law and Directive.
D. Conclusion
CySEC’s 2023 assessment report highlights significant areas for improvement in AML compliance and overall governance among regulated entities. By addressing the identified deficiencies and adhering to CySEC’s recommendations, entities can ensure robust compliance frameworks, thereby enhancing the integrity and trustworthiness of Cyprus’s financial sector.
E. How we can assist you
In case you have any questions, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouCyprus on Netflix: A New Era for the Olivewood Scheme
Stelana Kliris’ latest film, “Find Me Falling,” marks a significant milestone as the first Cypriot movie to stream on Netflix. This achievement brings notable actor Harry Connick Jr. to Cyprus, spotlighting the success of the Cyprus Olivewood Scheme.
“Find Me Falling,” a co-production by Jupiter Peak Productions (USA) and Meraki Films (Cyprus), with support from Cyprus’ Deputy Ministry of Culture and the Cinema Advisory Committee, was entirely filmed across Cyprus, from Peyia to Nicosia. The production team consisted predominantly of local talent, with over 150 crew members from Cyprus, alongside a few from the US and Greece.
Launched in September 2017, the Olivewood Scheme aims to attract international film, documentary, and television productions to Cyprus, enhancing investment and employment while promoting the island as a cultural and tourist hub. This initiative aligns with European Commission Regulation 651/2014, providing a blend of grants and tax incentives to qualifying productions.
A. Incentives Overview
Cash Rebate and Tax Credit: Producers can opt for either a cash rebate or a tax credit, not both, under the scheme. Additional incentives, such as tax allowances for infrastructure and equipment investments, and VAT returns, apply irrespective of this choice.
- Cash Rebate: Up to 45% of eligible expenditures incurred in Cyprus, contingent on the production’s cultural test score. The rebate is granted post-filming, upon submission and review of the audit report by the filming committee.
- Tax Credit: Up to 35% of eligible expenditures, with unused credits carried forward for up to five years, subject to a cap of 50% of the applicant’s taxable income in the production year.
- Tax Allowance for Investments: Small and medium-sized enterprises can deduct up to 20% (small enterprises) or 10% (medium-sized enterprises) of their investment in film infrastructure and equipment from their taxable income. Investments must remain in Cyprus for at least five years.
- VAT Refund: VAT incurred on qualifying production expenditures can be refunded. Cyprus VAT rates are 19%, 9%, and 5%, with refunds processed within six months of the VAT declaration deadline or the VAT return application date.
B. Scheme Extension and Impact
In September 2023, the Cyprus government extended the Olivewood Scheme for another three years, following a favorable cost-benefit analysis. An initial investment of 1 million euros yielded a return of 5.5 million euros, justifying the extension and an increased rebate rate of 45%.
C. Benefits of Filming in Cyprus
The Olivewood Scheme offers filmmakers cost-effective production opportunities against Cyprus’ stunning landscapes, from crystal blue seas and sandy beaches to breathtaking mountains and modern cities. This initiative has elevated Cyprus as a preferred filming location and opened new avenues for investment in the local film industry.
Should you have any further questions, please do not hesitate to contact us at [email protected].
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouThe EU’s Regulatory Framework for Artificial Intelligence: A New Era for AI Governance
The European Union (EU) is pioneering a comprehensive approach to artificial intelligence (AI) regulation with the introduction of the AI Act. This landmark legislation, the first of its kind globally, aims to balance innovation and safety, ensuring AI systems are trustworthy, transparent, and respect fundamental rights.
A. Core Objectives of the AI Act
The AI Act establishes a risk-based framework to regulate AI technologies across the EU. It categorizes AI systems into four risk levels:
- Unacceptable Risk: AI systems that pose a significant threat to safety, livelihood, or rights, such as those used for social scoring or cognitive behavioral manipulation, are banned.
- High Risk: These systems, which include applications in critical infrastructure, education, and employment, must meet stringent requirements before they can be marketed. This includes obtaining a CE marking to ensure compliance with EU standards.
- Limited Risk: AI systems in this category are subject to specific transparency obligations, such as informing users they are interacting with an AI system.
- Minimal or No Risk: These are largely exempt from additional regulatory burdens.
The Regulatory Framework defines 4 levels of risk for AI systems:
B. How does it all work in practice for providers of high-risk AI systems?
Once an AI system is on the market, authorities are in charge of market surveillance, deployers ensure human oversight and monitoring, and providers have a post-market monitoring system in place. Providers and deployers will also report serious incidents and malfunctioning.
C. Ensuring Trustworthy AI
To foster trust and transparency, the AI Act mandates several key measures:
- Pre-Market Conformity Assessments: High-risk AI systems must undergo thorough evaluations to ensure they meet EU standards for safety, security, and ethical considerations.
- CE Marking: Similar to other products within the European Economic Area, AI systems will require CE marking to indicate conformity with health, safety, and environmental protection standards.
- Transparency and Accountability: Developers must provide clear information on the AI system’s capabilities and limitations, ensuring users are well-informed.
D. Supporting Innovation
The EU aims to promote innovation without compromising safety through mechanisms such as:
- AI Regulatory Sandboxes: These allow developers to test AI systems in a controlled environment, facilitating innovation while ensuring regulatory compliance.
- Proportional Penalties: Fines for non-compliance are scaled based on the company’s size and revenue, ensuring that penalties are fair and encourage adherence to the regulations.
E. Governance and Enforcement
A robust governance structure will oversee the implementation of the AI Act:
- European Artificial Intelligence Board (EAIB): This new body will ensure consistent application of the rules across the EU.
- National Supervisory Authorities: These bodies will work alongside the EAIB to monitor compliance at the member state level.
F. Impact and Future Outlook
The AI Act is set to transform the AI landscape in Europe, creating a unified legal framework that not only protects consumers and citizens but also encourages technological advancement and market growth. By setting high standards for AI development and deployment, the EU aims to lead the world in ethical and innovative AI practices.
This pioneering regulation underscores the EU’s commitment to harnessing the benefits of AI while safeguarding its citizens’ rights and promoting a thriving digital economy.
Should you have any further questions, please do not hesitate to contact us at [email protected].
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouESMA’s Opinion on Ensuring Consistent Application of MiCA for Crypto-Asset Brokers
The European Securities and Markets Authority (ESMA) issued an opinion on 31/7/2024, to support the consistent application of the Markets in Crypto-Assets Regulation (MiCA) across the European Union.
Here are the key points from the opinion, useful for a blog post:
1. Legal Framework and Background:
- MiCA Overview: MiCA, published in June 2023, establishes obligations for crypto-asset issuers and service providers, aiming to enhance investor protection, market integrity, and financial stability.
- Importance of Trading Platforms: Trading platforms, particularly Multifunction Crypto-asset Intermediaries (MCIs), are pivotal in the crypto ecosystem. The collapse of FTX highlighted the potential risks posed by these platforms.
2. Regulatory Arbitrage Concerns:
- MCIs and EU Market Access: Some MCIs may try to bypass EU regulations by structuring their businesses to maintain access to EU clients without fully adhering to MiCA, leading to regulatory arbitrage and an unlevel playing field.
- Reverse Solicitation: MiCA allows third-country firms to provide services to EU clients only if initiated by the client, known as “reverse solicitation.” ESMA stresses this should be narrowly applied to prevent circumvention of MiCA regulations.
3. Supervisory Guidance and Practices:
- Assessment of Business Models: ESMA advises national competent authorities (NCAs) to scrutinize the business models of crypto firms, ensuring they comply with MiCA and do not exploit regulatory loopholes.
- Conflict of Interest: MCIs must manage conflicts of interest, especially when offering both brokerage and trading platform services. NCAs should ensure these conflicts are adequately managed to protect clients’ interests.
- Best Execution: EU brokers must ensure the best possible execution of client orders, considering various factors like price, costs, and execution speed. Reliance on a single non-EU execution venue without proper justification is discouraged.
4. Custody and Administration of Assets:
- Custody Rules: EU brokers must ensure that non-EU execution venues do not take custody of EU clients’ assets, complying with MiCA’s stringent custody requirements.
ESMA is committed to promoting common supervisory approaches across the EU, and developing new tools and forums to ensure the effective application of MiCA. This proactive stance aims to foster a secure and transparent crypto-asset market, benefitting both investors and market participants.
At Andria Papageorgiou Law Firm, we specialize in navigating the complex regulatory landscape of the crypto-asset market. Our experienced legal team can provide comprehensive guidance on MiCA compliance, helping your organisation adapt to the new regulations effectively. Whether you need assistance with authorization processes, managing conflicts of interest, or ensuring best execution practices, we are here to support you.
Should you have any further questions, please do not hesitate to contact us at [email protected].
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouThe Future of Prop Trading Regulation: An Industry in Transition
The rising popularity of proprietary trading firms, where traders use the firm’s capital to trade, has drawn the scrutiny of global regulators. Recent reports indicate that the European Securities and Markets Authority (ESMA) and other regulatory bodies are conducting preliminary reviews and consultations to understand the implications of prop trading and potentially introduce regulations. This move aims to enhance transparency and investor protection within the industry. While some jurisdictions, like Belgium, have taken a firm stance, the overall regulatory landscape remains uncertain, with further clarity expected by the end of the year.
In Europe, proposed regulations may require prop trading firms to be authorized under the Markets in Financial Instruments Directive (MiFID), aligning their operations with broader financial regulatory frameworks. Industry experts anticipate that new rules could enforce stricter operational requirements and transparency, potentially treating some aspects of prop trading similarly to financial services.
The regulatory drive is partly fueled by high-profile enforcement actions and growing concerns over the unregulated nature of many prop trading activities, which often operate on demo accounts. The lack of regulation has led to numerous firms entering the market, some of which have faced allegations of unethical practices, such as denying payouts.
As the industry evolves, it remains to be seen how regulators will balance the need for oversight with the innovative nature of prop trading. Stakeholders are advised to stay informed and prepared for impending regulatory changes.
Should you have any further questions, please do not hesitate to contact us at [email protected].
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
For further details, please refer to the original articles on Finance Magnates.
by Andria PapageorgiouAI Act Set to Come into Force on 1 August 2024
The countdown to compliance with the Artificial Intelligence Act (“AI Act”) has started. Signed into law on June 13, 2024, the AI Act was set for publication in the EU Official Journal on July 12, 2024, and will enter into force on August 1, 2024.
Background
The AI Act establishes a legal framework aimed at achieving human-centric AI, protecting health, safety, and fundamental rights from the harmful effects of AI, while promoting innovation.
Scope of the AI Act
The AI Act applies to all stakeholders in the AI value chain, including AI providers (such as those of general-purpose AI, or “GPAI”), users, importers, distributors, manufacturers, and authorized representatives. Exemptions exist for AI systems used in scientific research, military, defense, or international cooperation, provided fundamental rights safeguards are in place.
Extra-Territorial Scope
The AI Act has extra-territorial reach, impacting organizations inside and outside the EU. It applies to entities placing AI on the EU market, using AI outputs within the EU, or providers of AI systems and general AI models outside the EU, who must appoint an EU-based representative.
Risk Categories
The AI Act adopts a risk-based approach, with regulations varying based on the severity and likelihood of harm:
- Prohibited: AI systems for social scoring, cognitive behavioral manipulation, biometric categorization.
- High: AI in employment, credit decisions, health/life insurance risk assessment.
- GPAI: Large language models like ChatGPT.
- Limited: Chatbots.
- Minimal: Spam filters, video games.
High Risk Providers
High-risk AI system providers must adhere to various obligations:
- Risk management systems
- Data governance
- Technical documentation
- Record-keeping
- Transparency
- Human oversight
- Accuracy, robustness, and cybersecurity
- Quality management systems
- Documentation and log generation
- Cooperation with authorities
- Displaying the CE Mark
- Registering with the EU database
GPAI Providers
GPAI providers must prepare technical documentation, copyright policies, and publish training data. They may adhere to voluntary codes of practice for compliance. GPAI systems posing systemic risks must undergo model evaluation, ongoing assessment, risk mitigation, and incident reporting.
User Obligations
AI users have fewer obligations but must ensure staff have AI literacy. Users of high-risk AI must implement technical and organizational measures, human oversight, monitoring, and data protection impact assessments. Transparency rules apply to AI systems creating deep fakes or involving emotion recognition.
Enforcement
The EU AI Office will regulate the AI Act’s implementation, supported by the AI Board and national supervisory authorities. National authorities will oversee enforcement, appointing a public authority to supervise fundamental rights.
Fines
The AI Act imposes significant fines:
- Up to €35 million or 7% of annual global turnover for breaches of prohibited AI provisions.
- Up to €15 million or 3% of annual global turnover for other breaches.
- SME fines will consider economic viability, applying the lower of the percentages or amounts mentioned.
SME Support
Special provisions help SMEs boost innovation:
- Priority access to AI regulatory sandboxes free of charge.
- Tailored training on the AI Act.
- Information and templates for documentation.
- Simplified technical documentation for high-risk AI system providers.
Timeline
Key dates for compliance:
- November 1, 2024: Identify and notify the Commission of the national public authority for fundamental rights.
- February 1, 2025: Scope, definitions, and prohibited AI systems provisions apply.
- August 1, 2025: GPAI, penalties, and EU governance provisions apply.
- August 1, 2027: Safety components and specific high-risk products (Annex I) provisions apply.
Future Developments
The AI Act is part of the EU’s broader legal approach, including the proposed AI Liability Directive and the Product Liability Directive, addressing procedural rules for civil claims and compensation for defective AI systems.
What to Do Now
Organizations should proactively:
- Identify AI used in the business and the applicable risk category.
- Implement an AI governance framework with policies, staff training, and vendor due diligence.
- Communicate compliance measures to stakeholders.
Developing an AI compliance program is time-consuming, and businesses must start early to meet the deadlines. Detailed guidance will take months to emerge, so a risk-based approach and benchmarking against industry practices are essential in the meantime.
In case you have any questions, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouUK Non-Dom Regime Facing Uncertainty: Exploring the Cyprus Alternative
The future of the widely utilized UK non-domicile (“non-dom”) regime is currently uncertain. There is a strong possibility that this regime may soon be abolished or undergo significant modifications, particularly concerning the duration for which it will remain applicable. Much hinges on the outcome of the upcoming UK elections, with the Labour and Conservative parties offering little clarity in their manifestos, thereby increasing the unpredictability surrounding this issue.
As a result, current UK non-doms and other international individuals looking to relocate their tax residency are actively seeking alternatives that can satisfy their personal, business, and financial needs efficiently. This is where Cyprus presents a compelling alternative.
The Cyprus Non-Dom Regime: A Prime Alternative
Cyprus has emerged as a preferred destination for individuals from both EU and non-EU countries, whether for long-term relocation or short-term solutions. This is largely due to its attractive non-dom tax regime, which automatically applies to foreign persons who become tax residents in Cyprus. This regime offers significant benefits for up to 17 years.
There has been a notable increase in the number of foreigners opting to become Cyprus non-dom tax residents, leveraging the island’s favorable conditions to manage their international and local business affairs. Cyprus offers a balanced mix of tax and non-tax advantages, making it an appealing option.
Key Benefits of Cyprus Non-Dom Status
Non-dom residents in Cyprus enjoy specific exemptions from Cyprus taxation on dividends and interest, regardless of the source country or whether the funds are remitted to Cyprus. Additionally, there is a complete tax exemption on gains from the sale of shares and other qualifying titles, as well as from capital gains unrelated to immovable property situated in Cyprus.
These exemptions are particularly advantageous for high-net-worth individuals, whose income often primarily comes from dividends, interest, and capital gains.
Foreign individuals can become Cyprus tax residents through the standard 183-day rule or the recently introduced 60-day rule, subject to certain conditions.
Comprehensive Benefits Beyond Taxation
Apart from tax benefits, Cyprus offers a wide array of attractive elements for both individuals and companies. The island excels in providing a high quality of life, featuring a convenient geographical location, a pleasant Mediterranean climate, numerous blue flag beaches, a low crime rate, modern infrastructure, and high-end properties. The availability of international schools, advanced medical care facilities, and a vibrant cosmopolitan lifestyle further enhance Cyprus’s appeal as an ideal place to work, live, and raise a family.
How our Law Firm Can Assist
Our Law Firm offers a comprehensive range of services to facilitate your transition to Cyprus, including:
- All aspects of Corporate procedures
- Assistance with Immigration matters
- Registration with Cyprus tax authorities
- Establishment and administration of Cyprus companies
- Provision of professional director services
- Company domiciliation
- Assistance with Permanent Residency Permits and Work Permits
- Opening of bank accounts
- Accounting and bookkeeping services
- Handling property and real estate matters
- Provision of Family Office services
Cyprus stands as a viable and attractive alternative for those considering relocating from the UK non-dom regime, offering robust benefits and a high quality of life. Contact us today to learn how we can support your transition to Cyprus.
For any professional assisstance, please do not hesitate to contact us at [email protected].
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouA practical guide on CySEC Regulatory Sandbox
The Cyprus Securities and Exchange Commission (CySEC) has taken a significant leap forward with the launch of its Regulatory Sandbox. This initiative builds upon CySEC’s ongoing dialogue with market participants and experts since the inception of the Innovation Hub. The Regulatory Sandbox aims to strike a balance between fostering technological innovation, ensuring investor protection, and maintaining market integrity.
Overview & Objectives
CySEC’s Regulatory Sandbox is designed to provide a controlled testing environment where both regulated and unregulated firms can trial their technologically innovative solutions. The primary objectives are to build a transparent channel of cooperation between entities developing tech-based solutions in the financial services sector and to ensure that the regulatory landscape evolves with technological advancements. This initiative is poised to enhance CySEC’s understanding of innovative technologies and facilitate continuous regulatory adaptation to new market developments.
Why Join the CySEC Regulatory Sandbox?
Participation in the Sandbox offers an unparalleled opportunity for firms to test their innovative products and services on a small scale within a controlled environment. Under CySEC’s close monitoring and guidance, participants will receive constructive feedback on how the regulatory framework applies to their innovations. This guidance can prove invaluable in refining products to meet regulatory standards and achieving successful market entry.
Eligibility Criteria
The CySEC Regulatory Sandbox is open to regulated and unregulated entities engaging in financial innovation through technology. To participate, unregulated entities must:
- Obtain prior CySEC authorization for the regulated services they intend to engage in.
- Test innovative solutions solely within their corporate group or use any other exemption provided under the applicable framework.
- Perform demo services.
- Enter into a collaboration agreement with a CySEC-regulated entity.
It is important to note that the Sandbox is not a space for “light touch” regulation. Any unregulated entities providing regulated services must secure CySEC authorization before participating.
Additionally, applicants must ensure their proposed innovative solution:
- Directly or indirectly facilitates activities within CySEC’s supervisory scope.
- Introduces authentic innovation in terms of product, service, or business model.
- Is ready for testing in a production environment.
- Benefits the financial services industry.
The Four Phases of the Sandbox
- Application Phase: Interested firms must complete and submit the application form available on CySEC’s website. CySEC will assess applications based on the eligibility criteria and inform applicants of the results within 6-8 weeks.
- Preparation Phase: Successful applicants will collaborate with CySEC to agree on specific testing parameters, which will be documented in a testing agreement. A dedicated case officer will be assigned to guide the participant through the testing phase, with a communication and reporting plan established.
- Testing Phase: Lasting typically six months, this phase allows participants to conduct small-scale testing of their innovative solutions within a controlled environment. CySEC will monitor progress and compliance through interim reports submitted by participants.
- Evaluation/Exit Phase: After testing, participants must prepare a comprehensive exit report analyzing the test’s milestones and key performance indicators. These reports, which reflect participants’ views on the testing process, will be used by CySEC for internal assessment and feedback.
Conclusion
The CySEC Regulatory Sandbox represents a significant advancement in fostering financial innovation while ensuring regulatory compliance and market integrity. By providing a structured and supportive environment, CySEC is enabling firms to develop and refine innovative financial solutions that can meet the challenges of tomorrow’s financial landscape.
For any professional assisstance, please do not hesitate to contact us at [email protected].
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouCySEC launches its regulatory sandbox
The Cyprus Securities and Exchange Commission (CySEC) has successfully launched its Regulatory Sandbox during an online event held on the 11th of June 2024. This initiative marks a significant milestone in the advancement of financial, regulatory, and supervisory technologies (FinTech, RegTech, and SupTech) in Cyprus.
The Regulatory Sandbox is a crucial step in promoting responsible innovation in the financial services sector. Dr. George Theocharides, Chairman of CySEC, highlighted the importance of this initiative: “With the introduction of the Regulatory Sandbox, we are taking another major step in fostering responsible innovation in the financial services sector. Our goal is to support the development of cutting-edge solutions that meet technological advancements, without compromising market integrity and investor protection.”
Event Highlights
The virtual launch event attracted over 500 stakeholders from the financial sector, including representatives from regulatory bodies, financial institutions, and technologically innovative firms. Attendees were briefed on the Sandbox’s operational framework and the potential benefits for market participants.
The event underscored CySEC’s commitment to striking a balance between technological innovation, investor protection, and market integrity. Building upon CySEC’s ongoing dialogue with market participants and experts since the launch of the Innovation Hub, CySEC has established the Regulatory Sandbox to support this balanced approach.
Objectives of the Regulatory Sandbox
The Regulatory Sandbox aims to:
- Build a transparent channel of cooperation between entities developing technology-based solutions in the financial services falling within CySEC’s supervisory mandate and CySEC.
- Ensure that the regulatory landscape evolves in line with technological developments in the financial services sector.
Designed for both regulated and unregulated firms, the CySEC Regulatory Sandbox allows companies to test their technologically innovative solutions and/or products related to financial activities subject to CySEC’s supervision. This controlled, time-bound testing environment will enhance CySEC’s understanding of innovative technologies and facilitate continuous regulatory adaptation to new market developments.
Participation and Benefits
For firms interested in participating, the Regulatory Sandbox offers a unique opportunity to develop and refine their products while ensuring compliance with regulatory standards. This initiative not only supports innovation but also helps maintain the integrity and safety of the financial market.
Participants in the Sandbox will benefit from:
- Direct engagement with CySEC to ensure their solutions meet regulatory requirements.
- A structured environment to test and validate new technologies and business models.
- Insights and feedback from CySEC to improve their products and services.
For more information on the Regulatory Sandbox and how to participate, please visit the Cyprus Securities and Exchange Commission’s website.
Conclusion
The launch of CySEC’s Regulatory Sandbox is a pivotal development for the financial services sector in Cyprus. By providing a supportive environment for innovation, CySEC is helping to drive technological advancement while safeguarding market integrity and investor protection. This initiative is set to position Cyprus as a leader in financial innovation and regulatory excellence.
Should you have any further questions, please do not hesitate to contact us at [email protected].
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
by Andria PapageorgiouESMA’s Final Report on Greenwashing
The Final Report on Greenwashing by ESMA was published on 4/6/2024, in response to the European Commission’s request, outlines the risks associated with greenwashing and the role of supervision in mitigating these risks. Here is a summary of the report:
- Introduction and Background:
- Greenwashing refers to the practice of making misleading claims about the environmental benefits of a product, service, or company practices.
- The European Commission (EC) requested input from the European Supervisory Authorities (ESAs) to address greenwashing risks and supervise sustainable finance policies.
- The report builds on the findings from the Progress Report and explores how supervision can mitigate greenwashing risks.
- Key Findings:
- National Competent Authorities (NCAs) are prioritizing the supervision of sustainability-related claims.
- A risk-based approach is being implemented, focusing resources on significant risks.
- Greenwashing can occur at various levels: entity level (sustainability strategy), product level (sustainability performance), and service level (financial advice).
- Supervision Enhancement:
- The report identifies actions for NCAs, ESMA, and the EC to enhance supervision across key sectors of the Sustainable Investment Value Chain (SIVC), including issuers, investment managers, investment service providers, and benchmark administrators.
- A pathway for enhancing supervision is suggested, emphasizing the importance of building supervisory capacities and tools.
- Recommendations:
- Market participants should ensure substantiated sustainability claims and clear, non-misleading communication of sustainability information.
- Recommendations include adapting governance and processes, building expertise, upgrading data infrastructure, and ensuring comprehensibility for consumers.
- Regulatory Framework:
- The report recommends improvements to the EU regulatory framework to better address greenwashing risks.
- Supervisors should leverage their mandate to protect investors and ensure the proper application of sustainability-related requirements.
- Conclusion:
- Addressing greenwashing is crucial for maintaining trust in sustainable finance markets.
- The report outlines a forward-looking view on enhancing supervision to ensure that sustainability-related claims are credible and trustworthy.
The Final Report emphasizes the need for robust supervision and regulatory measures to prevent greenwashing and ensure transparency in sustainability-related claims
Should you have any further questions, please do not hesitate to contact us at [email protected].
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.